c the source of any contribution made in cash or in kind of or above the amount or value of by 67qd0Aqf

VIEWS: 3 PAGES: 47

									Version: 14.1.2010




South Australia
City of Adelaide Act 1998

An Act to establish mechanisms to enhance the role of the City of Adelaide as the capital
city of South Australia; to make special provision in relation to the local governance of the
City of Adelaide; and for other purposes.




Contents
Part 1—Preliminary
1        Short title
3        Objects
4        Interpretation
5        Interaction with Local Government Act
Part 2—Collaborative arrangements for the strategic development of the City
of Adelaide
Division 1—Establishment of the Capital City Committee
6        Establishment of the Capital City Committee
7        Membership of the Capital City Committee
8        Chairperson of the Capital City Committee
9        Deputies
Division 2—Function of the Capital City Committee
10       Function of the Capital City Committee
11       Programs
Division 3—Proceedings and operations
12       Proceedings
13       Subcommittees
14       Staff etc
15       Delegation
Division 4—Reporting and review
16       Reporting
17       Review
Division 5—Other matters
18       Access to information
19       Committee not to be subject to Parliamentary Committees Act




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City of Adelaide Act 1998—14.1.2010
Contents


Part 3—Special arrangements for the Adelaide City Council
Division 1—Constitution of Council
20      Constitution of Council
Division 2—Role of members
21      Lord Mayor
22      Members
Division 3—Code of conduct
23      Code of conduct
Division 4—Allowances and benefits
24      Allowances
25      Reimbursement of expenses
26      Provision of facilities and support
Division 5—Specific provisions relating to the chief executive officer
27      Role of the chief executive officer
28      Appointment of staff
Division 6—Administrative and financial matters
29      Objectives
30      Strategic plans
34      Financial reporting
Division 7—Register of interests
35      Lodging of returns
36      Creation and inspection of Register
37      Interaction with Local Government Act
Part 4—Miscellaneous
37A     Rundle Mall
37B     Corporate name
37C     The Corporation Acre
38      Regulations
Schedule 1—Special provisions for elections and polls

Part 1—Preliminary
1       Interaction with Local Government (Elections) Act 1999
Part 2—Enrolment
2       Qualifications for enrolment
3       The voters roll
Part 3—Entitlement to vote
4       Entitlement to vote
5       Entitlement to stand for election



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                                                                                               Contents


Part 7—Special provisions relating to postal voting
18       Issue of postal voting papers
19       Arranging postal papers
Part 8—Campaign donations and expenditure
Division 1—Preliminary
22       Interpretation
Division 2—Returns
23       Returns for candidates
24       Campaign donations returns
25       Campaign expenditure return
26       Certain gifts not to be received
27       Inability to complete returns
28       Amendment of returns
29       Offences
30       Failure to comply with Division
Division 3—Public access to information
31       Public inspection of returns
32       Restrictions on publication
Division 4—Related matters
33       Requirement to keep proper records
34       Related matters
Schedule 2—Register of interests—form of returns
1        Interpretation
2        Contents of return
Legislative history


The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
         This Act may be cited as the City of Adelaide Act 1998.
3—Objects
         The objects of this Act are—
             (a)   to recognise, promote and enhance the special social, commercial, cultural
                   and civic role that the City of Adelaide plays as the capital city and heart of
                   South Australia; and




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             (b)   to provide for collaborative arrangements for intergovernmental liaison
                   between the State and The Corporation of the City of Adelaide for the
                   strategic development of the City of Adelaide and the representation of the
                   interests of South Australians not enfranchised to vote in elections for the
                   Corporation; and
             (c)   to revise and enhance local governance arrangements for the City of
                   Adelaide; and
             (d)   to ensure access to the City of Adelaide for all South Australians.
4—Interpretation
          In this Act, unless the contrary intention appears—
          Adelaide City Council or the Council means The Corporation of the City of Adelaide;
          Capital City Committee or the Committee means the Capital City Committee
          established by section 6;
          City of Adelaide means the area of the Adelaide City Council;
          City of Adelaide community includes all people who live, work, study or conduct
          business in, or who visit, use or enjoy the services, facilities and public places of, the
          City of Adelaide;
          council member means a member of the Adelaide City Council.
5—Interaction with Local Government Act
    (1)   This Act, the Local Government Act 1999 and the Local Government (Elections)
          Act 1999 will be read together and construed as if the three Acts constituted a single
          Act.
    (2)   In the event of an inconsistency between this Act and the Local Government Act 1999
          or the Local Government (Elections) Act 1999, the provisions of this Act prevail.

Part 2—Collaborative arrangements for the strategic
    development of the City of Adelaide
Division 1—Establishment of the Capital City Committee
6—Establishment of the Capital City Committee
          The Capital City Committee is established.
7—Membership of the Capital City Committee
    (1)   The Capital City Committee consists of the following members:
             (a)   —
                       (i)    the Premier, or a Minister nominated by the Premier; and
                       (ii)   two other Ministers nominated by the Premier; and
             (b)   —




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                       (i)   the Lord Mayor or, if the Lord Mayor chooses not to be a member of
                             the Committee, another member of the Adelaide City Council
                             nominated by the Council; and
                      (ii)   two other members of the Adelaide City Council nominated by the
                             Council.
   (2)   A person ceases to be a member of the Committee if—
             (a)   in the case of a person holding office as a member under subsection (1)(a)—
                       (i)   in the case of a nominee of the Premier under
                             subsection (1)(a)(i)—the nomination is withdrawn by the Premier; or
                      (ii)   the person ceases to be a Minister; or
                      (iii) another Minister is nominated in substitution for the person;
            (b)    in the case of a person holding office as a member under subsection (1)(b)—
                       (i)   in the case of a nominee of the Adelaide City Council under
                             subsection (1)(b)(i)—the Lord Mayor chooses to become a member
                             of the Committee, or another member of the Council is nominated in
                             substitution for the person; or
                      (ii)   the person ceases to be a member of the Adelaide City Council; or
                      (iii) in the case of a nominee of the Adelaide City Council under
                            subsection (1)(b)(ii)—another member of the Adelaide City Council
                            is nominated in substitution for the person.
   (3)   The performance of a function or the exercise of a power by the Committee is not
         affected by a vacancy or vacancies in the membership of the Committee.
   (4)   Anything done by or in relation to a person purporting to act under a nomination under
         this section is not invalid merely because there was a defect or irregularity in
         connection with the nomination.
   (5)   A member of the Committee incurs no civil liability for an honest act or omission in
         the performance or exercise, or purported performance or exercise, of the member's or
         the Committee's functions or powers under this Act.
   (6)   A civil liability that would, but for subsection (5), attach to a member attaches instead
         to—
             (a)   in the case of a member holding office under subsection (1)(a)—the Crown;
            (b)    in the case of a member holding office under subsection (1)(b)—the Adelaide
                   City Council.
8—Chairperson of the Capital City Committee
         The Premier, or another member of the Committee nominated by the Premier from
         time to time, will be the Chairperson of the Capital City Committee.
9—Deputies
   (1)   The Premier may nominate a Minister to be a deputy of the Premier, or of another
         Minister, for the purposes of the Capital City Committee.




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Division 1—Establishment of the Capital City Committee

    (2)   The Adelaide City Council may nominate a member of the Council to be a deputy of a
          member of the Capital City Committee under section 7(1)(b), for the purposes of the
          Committee.
    (3)   A deputy may act as a member of the Committee in the event of the absence or
          unavailability of the member of the Committee in relation to whom the deputy is
          appointed.
    (4)   Anything done by or in relation to a person purporting to act under a nomination under
          this section is not invalid merely because—
            (a)    there was a defect or irregularity in connection with the nomination; or
            (b)    the occasion to act had not arisen or had ceased.

Division 2—Function of the Capital City Committee
10—Function of the Capital City Committee
    (1)   The Capital City Committee is established as an intergovernmental body to enhance
          and promote the development of the City of Adelaide as the capital city of the State
          and, for that purpose, may—
            (a)    identify and promote key strategic requirements for the economic, social,
                   physical and environmental development and growth of the City of Adelaide
                   as the primary focus for the cultural, educational, tourism, retail and
                   commercial activities of South Australia; and
            (b)    promote and assist in the maximisation of opportunities for the effective
                   co-ordination of public and private resources to meet the key strategic
                   requirements identified by the Committee, and recommend priorities for joint
                   action by the State Government and the Adelaide City Council (within
                   established budget processes and programs); and
            (c)    monitor the implementation of programs designed to promote the
                   development of the City of Adelaide; and
            (d)    make provision for the publication (as appropriate) of key strategies, goals
                   and commitments relevant to the development and growth of the City of
                   Adelaide that have been agreed by the parties who are (or will be) required to
                   undertake responsibility for their implementation or delivery; and
            (e)    collect, analyse and disseminate information about the economic, social,
                   physical and environmental development of the City of Adelaide, with
                   particular emphasis on assessing outcomes and identifying factors that will
                   encourage or facilitate future development within the City of Adelaide; and
             (f)   take on other tasks incidental to the preceding paragraphs.
    (2)   The Committee must convene a forum ("the Capital City Forum") drawn from
          members of the City of Adelaide community determined by the Committee, and seek
          advice from, or share information with, the members of the forum.
11—Programs
    (1)   The Capital City Committee must prepare a Capital City Development Program for
          consideration by the State Government and the Adelaide City Council.



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   (2)   The Committee may prepare or adopt other programs.
   (3)   A program prepared or adopted by the Committee—
             (a)   is subject to endorsement or adoption by the State Government and the
                   Adelaide City Council (unless already so endorsed); and
            (b)    is to be taken to be an expression of policy that does not derogate from the
                   ability or power of the State Government or the Adelaide City Council to act
                   in any matter itself, and that does not affect rights or liabilities (whether of a
                   substantive, procedural or other nature).
   (4)   The Committee must monitor the implementation of the Capital City Development
         Program (once endorsed or adopted under subsection (3)) on a regular basis and, to the
         extent that is appropriate and necessary, ensure that it is revised by the end of
         February in each year for the purposes of the ensuing financial year.

Division 3—Proceedings and operations
12—Proceedings
   (1)   The Capital City Committee must meet at least four times in each year.
   (2)   The proceedings of the Committee will be—
             (a)   as prescribed by regulation; or
            (b)    insofar as the proceedings are not prescribed by regulation—as determined by
                   the Committee.
   (3)   A regulation cannot be made for the purposes of subsection (2) except after agreement
         between the Minister and the Adelaide City Council.

13—Subcommittees
   (1)   The Capital City Committee may establish subcommittees.
   (2)   The membership of a subcommittee will be determined by the Committee and may,
         but need not, consist of, or include, members of the Committee.
   (3)   The proceedings of a subcommittee will be—
             (a)   as determined by the Committee; or
            (b)    insofar as the proceedings are not determined by the Committee—as
                   determined by the subcommittee.
14—Staff etc
   (1)   The Premier and the Adelaide City Council will jointly determine the administrative
         and staffing arrangements for the Capital City Committee.
   (2)   The Committee may—
             (a)   by arrangement with the appropriate authority, make use of the services,
                   facilities or staff of a government department, agency or instrumentality;
            (b)    by arrangement with the Adelaide City Council, make use of the services,
                   facilities or staff of the Council.




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Division 3—Proceedings and operations

    (3)   The administrative and staffing costs of the Committee must be shared equally
          between the State and the Adelaide City Council.
15—Delegation
    (1)   The Capital City Committee may delegate a function or power under this Act—
            (a)    to a specified person or body; or
            (b)    to a person occupying a specified position.
    (2)   A delegation—
            (a)    may be made subject to conditions and limitations specified in the instrument
                   of delegation; and
            (b)    if the instrument of delegation so provides—may be further delegated by the
                   delegate; and
            (c)    is revocable at will and does not prevent the Committee from acting itself in a
                   matter.

Division 4—Reporting and review
16—Reporting
    (1)   The Capital City Committee must ensure that a report is prepared by 31 October in
          each year on the operation of the collaborative arrangements established under or
          pursuant to this Act during the financial year ending on the preceding 30 June.
    (2)   The Premier must ensure that copies of a report prepared under subsection (1) are laid
          before both Houses of Parliament within 12 sitting days after the report is completed.
    (3)   The Lord Mayor must ensure that copies of a report prepared under subsection (1) are
          presented to the Adelaide City Council within four weeks after the report is
          completed.
17—Review
    (1)   The Premier must ensure that a report is prepared by 30 June 2002 on the operation of
          the collaborative arrangements established under or pursuant to this Act, and on any
          changes that should be considered or implemented to improve or enhance those
          arrangements.
    (2)   The Premier must ensure—
            (a)    that the Adelaide City Council is consulted during the preparation of the
                   report under subsection (1); and
            (b)    that any matters raised by the Adelaide City Council for inclusion in the
                   report are so included; and
            (c)    that the Adelaide City Council is given a reasonable opportunity to comment
                   on a final draft of the report.
    (3)   The Premier must ensure that copies of the report prepared under subsection (1) are
          laid before both Houses of Parliament within 12 sitting days after the report is
          completed.




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                                                                                 Other matters—Division 5



Division 5—Other matters
18—Access to information
   (1)   The following will be taken to be exempt documents for the purposes of the Freedom
         of Information Act 1991:
             (a)   a document that has been specifically prepared for submission to the Capital
                   City Committee (whether or not it has been so submitted);
            (b)    a preliminary draft of a document referred to in paragraph (a);
             (c)   a document that is a copy of a part of, or contains an extract from, a document
                   referred to in paragraph (a) or (b);
            (d)    an official record of the Committee;
             (e)   a document that contains matter the disclosure of which would disclose
                   information concerning any deliberation or decision of the Committee.
   (2)   A document is not an exempt document under subsection (1) if—
             (a)   it merely consists of factual or statistical material that does not disclose
                   information concerning any deliberation or decision of the Committee; or
            (b)    it is within a class of documents excluded from the operation of
                   subsection (1) by the regulations.
   (3)   The Crown and the Adelaide City Council are entitled to access to—
             (a)   a document referred to in subsection (1); and
            (b)    any other document in the possession or control of the Committee under this
                   Act.
   (4)   However—
             (a)   access to a document is not available under subsection (3) in breach of a duty
                   of confidence; and
            (b)    access to a document under subsection (3) may be given on conditions
                   determined by the Committee.
   (5)   In this section, a reference to the Committee includes a reference to a subcommittee or
         delegate of the Committee acting under this Act.
19—Committee not to be subject to Parliamentary Committees Act
         The functions and operations of the Capital City Committee may not be subject to
         inquiry under the Parliamentary Committees Act 1991.




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Part 3—Special arrangements for the Adelaide City Council
Division 1—Constitution of Council



Part 3—Special arrangements for the Adelaide City Council
Division 1—Constitution of Council
20—Constitution of Council
     (1)   The Adelaide City Council will be constituted of—
             (a)    the Lord Mayor; and
             (b)    other members.
     (3)   A person cannot hold office as Lord Mayor for more than two consecutive terms.
     (4)   The Council may resolve to have a Deputy Lord Mayor in accordance with the
           provisions of the Local Government Act 1999.

Division 2—Role of members
21—Lord Mayor
           The role of the Lord Mayor is—
             (a)    as the principal elected member of the Council representing the capital city of
                    South Australia—
                       (i)    to provide leadership and guidance to the City of Adelaide
                              community;
                       (ii)   to participate in the maintenance of inter-governmental relationships
                              at regional, State and national levels;
                       (iii) to carry out civic and ceremonial duties associated with the office of
                             Lord Mayor; and
             (b)    as the principal member of the Council—
                       (i)    to provide leadership and guidance to the Council;
                       (ii)   to preside at meetings of the Council;
                       (iii) to advise the chief executive officer on the implementation of
                             decisions of the Council between council meetings (as necessary);
                       (iv)   to act as the principal spokesperson of the Council;
                       (v)    to exercise other functions of the Council as the Council determines.
22—Members
     (1)   The role of a member of the Council is—
             (a)    as a member of the governing body of the Council—
                       (i)    to participate in the deliberations and activities of the Council;
                       (ii)   to provide community leadership and guidance to the City of
                              Adelaide community and to participate in achieving a vision for the
                              desired future of the City through the formulation of strategic plans
                              and policies;


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                      (iii) to keep the Council's goals and policies under review to ensure that
                            they are appropriate and effective;
                      (iv)   to keep the Council's resource allocation, expenditure and corporate
                             strategies, and the efficiency and effectiveness of its service delivery,
                             under review;
                      (v)    to participate in setting and assessing performance standards to be
                             met under the Council's contract with the chief executive officer;
                      (vi)   to serve the overall public interest of the City of Adelaide;
            (b)    as a person elected to the Council—to represent the interests of residents and
                   ratepayers and to facilitate communication between the community and the
                   Council.
   (2)   The Lord Mayor may authorise another member of the Council to act in place of, or to
         represent, the Lord Mayor in the performance of a particular function.
   (3)   An authorisation under subsection (2) cannot derogate from the role of a Deputy Lord
         Mayor under the Local Government Act 1999.
   (4)   A member of the Council has no direct authority over an employee of the Council
         with respect to the way in which the employee performs his or her duties.

Division 3—Code of conduct
23—Code of conduct
   (1)   The Council must prepare a code of conduct to be observed by the members of the
         Council.
   (2)   The Council must, within 12 months after each subsequent general election of the
         Council, complete (and, as appropriate, implement) a review of its code of conduct
         under this section.
   (3)   The Council may at any time alter its code of conduct, or substitute a new code of
         conduct.
   (4)   A code of conduct must be consistent with any principle or requirement prescribed by
         the regulations and include any mandatory provision prescribed by the regulations.
   (5)   A person is entitled to inspect (without charge) the code of conduct of the Council at
         the principal office of the Council during ordinary office hours.
   (6)   A person is entitled, on payment of a fee fixed by the Council, to a copy of the code of
         conduct of the Council.

Division 4—Allowances and benefits
24—Allowances
   (1)   Subject to this section, a member of the Council is entitled to the allowance
         determined by the Remuneration Tribunal in relation to the member's office and
         indexed in accordance with this section.




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Division 4—Allowances and benefits

     (2)   The Remuneration Tribunal must make determinations under this section on a 4 yearly
           basis before the designated day in relation to each periodic election for the City of
           Adelaide held under the Local Government (Elections) Act 1999.
     (3)   The Remuneration Tribunal must, in making a determination under this section, have
           regard to the following:
              (a)   the role of members of the Council as members of the Council's governing
                    body and as representatives of their area;
              (b)   the size, population and revenue of the Council, and any relevant economic
                    and social factors in the council area;
              (c)   the fact that an allowance under this section is not intended to amount to a
                    salary for a member;
              (d)   the fact that an allowance under this section should reflect the nature of a
                    member's office;
              (e)   the provisions of this Act providing for the reimbursement of expenses of
                    members.
     (4)   For the purposes of the proceedings before the Remuneration Tribunal but without
           derogating from the operation of subsection (3), the allowances to be determined
           under this section will be taken to be in the nature of a fee under the definition of
           remuneration in the Remuneration Act 1990.
     (5)   Without limiting section 10 of the Remuneration Act 1990, the Remuneration Tribunal
           must allow persons who are entitled to be enrolled on the voters roll for the City of
           Adelaide, and the LGA, a reasonable opportunity to make submissions orally or in
           writing to the Tribunal in relation to any determination under this section.
     (6)   Nothing in subsection (5) requires the Remuneration Tribunal, for the purposes of
           making all determinations required under this section in any 4 year period, to hold
           more than 1 hearing to receive any oral submissions that persons may care to make
           (and the Tribunal is not required to hold any hearing if it appears to the Tribunal that
           no one is seeking to make oral submissions).
     (7)   The rates of allowances may vary from office to office.
     (8)   An allowance determined under this section will take effect from the first ordinary
           meeting of the Council held after the conclusion of the relevant periodic election.
     (9)   An allowance determined under this section is to be adjusted on the first, second and
           third anniversaries of the determination to reflect changes in the Consumer Price
           Index under a scheme prescribed by the regulations.
     (10) Sections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a
          determination under this section.
     (11) A member of the Council who holds an office for part only of the period in respect of
          which an allowance is payable is entitled to the proportion of the allowance that the
          period for which the member held the office bears to the total period.
     (12) An allowance under this section is to be paid in accordance with any requirement set
          out in the regulations (unless the member declines to accept payment of an
          allowance).




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  (13) Despite any other Act or law, the reasonable costs of the Remuneration Tribunal in
       making a determination under this section are to be paid by the LGA under an
       arrangement established by the Minister from time to time after consultation with the
       President of the LGA and the President of the Tribunal.
  (14) Regulations made for the purposes of this section may make different provisions
       according to the offices to which they are expressed to apply.
  (15) In this section—
         Consumer Price Index means the Consumer Price Index (All groups index for
         Adelaide) published by the Australian Bureau of Statistics;
         designated day, in relation to a particular periodic election, means the day that is
         14 days before the day on which nominations close for that election.
25—Reimbursement of expenses
   (1)   A member of the Council is entitled to receive from the Council—
             (a)   reimbursement of expenses of a kind prescribed for the purposes of this
                   paragraph incurred in performing or discharging official functions and duties;
                   and
            (b)    reimbursement of expenses of a kind prescribed for the purposes of this
                   paragraph, and approved by the Council (either specifically or under a policy
                   established by the Council for the purposes of this section), incurred in
                   performing or discharging official functions and duties.
   (2)   A policy under subsection (1)(b) lapses at a general election of the Council.
26—Provision of facilities and support
   (1)   The Council may provide facilities and other forms of support to its members to assist
         the members in performing or discharging official functions and duties.
   (2)   The provision of facilities and services under this section is at the discretion of the
         Council subject to complying with the following requirements:
             (a)   the Council must specifically resolve that the provision of the facilities or
                   services is necessary or expedient to the performance or discharge of official
                   functions or duties;
            (b)    facilities and services must be available to members on a uniform basis (other
                   than facilities or services specifically provided for the benefit of the Lord
                   Mayor);
             (c)   any property provided to a member remains the Council's.
   (3)   A member of the Council must not use a facility or service provided by the Council
         under this section for a purpose unrelated to the performance or discharge of official
         functions or duties (unless the use has been approved by the Council and the member
         has agreed to reimburse the Council for any additional costs or expenses associated
         with this use).




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Division 5—Specific provisions relating to the chief executive officer



Division 5—Specific provisions relating to the chief executive officer
27—Role of the chief executive officer
           The functions of the chief executive officer of the Council include—
             (a)    to ensure that the policies and lawful decisions of the Council are
                    implemented in a timely and efficient manner;
             (b)    to undertake responsibility for the day-to-day operations and affairs of the
                    Council;
             (c)    to provide advice and reports to the Council on the exercise and performance
                    of its powers and functions under this or any other Act;
             (d)    to co-ordinate proposals for consideration by the Council for developing
                    objectives, policies and programs for the area;
             (e)    to provide information to the Council to assist the Council to assess
                    performance against its strategic, corporate and operational plans;
              (f)   to ensure that timely and accurate information about Council policies and
                    programs is regularly provided to the City of Adelaide community, and to
                    ensure that appropriate and prompt responses are given to specific requests
                    for information made to the Council;
             (g)    to support and advance the role that the City of Adelaide plays as the capital
                    city of South Australia;
             (h)    to ensure that the assets and resources of the Council are properly managed
                    and maintained;
              (i)   to ensure that records required under this or another Act are properly kept and
                    maintained;
              (j)   to give effect to the principles of human resource management prescribed by
                    the Local Government Act 1999 and to apply proper management practices;
             (k)    to exercise, perform or discharge other powers, functions or duties conferred
                    on the chief executive officer by or under this or other Acts, and to perform
                    other functions lawfully directed by the Council.
28—Appointment of staff
     (1)   The chief executive officer is responsible for appointing, managing, suspending and
           dismissing the other employees of the Council (on behalf of the Council).
     (2)   The chief executive officer must ensure that an appointment under subsection (1) is
           consistent with strategic policies and budgets adopted or approved by the Council.

Division 6—Administrative and financial matters
29—Objectives
           The Council must, in the performance of its roles and functions—
             (a)    provide open, responsive and accountable government;




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                                                           Administrative and financial matters—Division 6

            (b)    be sensitive to the needs, interests and aspirations of individuals and groups
                   within the City of Adelaide community;
             (c)   participate with other councils, and with State and national governments, in
                   setting regional, State and national objectives;
            (d)    give due weight, in all its plans, policies and activities, to regional, State and
                   national objectives and strategies concerning the economic, social, physical
                   and environmental development and management of the City of Adelaide;
             (e)   seek to co-ordinate with State and national governments in the planning and
                   delivery of services in which those governments have an interest;
             (f)   seek to ensure a proper balance within its community between economic,
                   social, environmental and cultural considerations;
            (g)    manage its operations and affairs in a manner that emphasises the importance
                   of service to the community;
            (h)    seek to ensure that Council resources are used fairly, effectively and
                   efficiently;
             (i)   provide services, facilities and programs that are adequate and appropriate
                   and seek to ensure equitable access to its services, facilities and programs.
30—Strategic plans
   (1)   The Council should take reasonable steps to undertake, or to participate in, strategic
         planning for its area, and the State more generally (so far as is relevant to the City of
         Adelaide).
   (2)   The Council should, in undertaking, or participating in, strategic planning seek—
             (a)   to include an assessment of local and wider issues affecting the City of
                   Adelaide and the Council's responses to those issues (including by
                   co-operation with other councils and bodies); and
            (b)    to develop policy statements and proposals to address issues associated with
                   the economic, social, physical and environmental development and
                   management of the City of Adelaide; and
             (c)   to ensure consistency with the Planning Strategy for the Metropolitan
                   Adelaide under the Development Act 1993 and other relevant policies and
                   plans; and
            (d)    to address other relevant issues.
34—Financial reporting
   (1)   The Adelaide City Council must include in its financial statements under Chapter 8
         Part 3 Division 3 of the Local Government Act 1999 for each financial year specific
         information that shows its expenditure, in actual terms and as a percentage of the total
         expenditure of the Council, in relation to—
             (a)   the Council's commitments under the Capital City Development Program;
                   and
            (b)    works, services and activities that are directly related to the Council's
                   economic development program for the City of Adelaide.



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Part 3—Special arrangements for the Adelaide City Council
Division 6—Administrative and financial matters

     (2)   The Adelaide City Council must include in its annual report under Chapter 8 Part 4 of
           the Local Government Act 1999 specific information on the relationship between its
           annual business plan, general revenue raising policies and expenditure policies.
     (3)   The Council must, at the request of the Minister, furnish the Minister with such
           additional information as the Minister may reasonably require concerning the
           relationship between its annual business plan, general revenue raising policies and
           expenditure policies.

Division 7—Register of interests
35—Lodging of returns
     (2)   Every person who is elected as a member of the Adelaide City Council (other than a
           person who is re-elected as a sitting member of the Council) or is appointed as a
           member of the Council must, within 30 days after election or appointment, submit to
           the chief executive officer of the Council a primary return in accordance with
           Schedule 2.
     (3)   Every member of the Adelaide City Council must, on or within 60 days after 30 June
           in each year, submit to the chief executive officer of the Council an ordinary return in
           accordance with Schedule 2.
     (4)   If a member of the Council fails to submit a return to the chief executive officer within
           the time allowed under this section, the chief executive officer must as soon as
           practicable notify the member of that fact.
     (5)   A notification under subsection (4) must be given by letter sent to the member by
           registered mail.
     (6)   A member of the Council who submits a return under this section and Schedule 2 that
           is to the knowledge of the member false or misleading in a material particular
           (whether by reason of information included in or omitted from the return) is guilty of
           an offence.
           Maximum penalty: $10 000.
36—Creation and inspection of Register
     (1)   The chief executive officer of the Council must maintain a Register of Interests and
           must cause to be entered in the Register all information furnished pursuant to this
           Division and Schedule 2.
     (2)   A member of the Council who has submitted a return under this Division may at any
           time notify the chief executive officer of a change or variation in the information
           appearing on the Register in respect of the member or a person related to the member
           within the meaning of Schedule 2.
     (3)   A person is entitled to inspect (without charge) the Register at the principal office of
           the Council during ordinary office hours.
     (4)   A person is entitled, on payment of a fee fixed by the Council, to a copy of any part of
           the Register.




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                                                                           Register of interests—Division 7

   (5)   A person must not publish—
             (a)   information derived from the Register unless the information constitutes a fair
                   and accurate summary of the information contained in the Register and is
                   published in the public interest; or
            (b)    comment on the facts set forth in the Register unless the comment is fair and
                   published in the public interest and without malice.
   (6)   If information or comment is published by a person in contravention of subsection (5),
         the person, and any person who authorised the publication of the information or
         comment, is guilty of an offence.
         Maximum penalty: $10 000.
37—Interaction with Local Government Act
   (1)   This Division and Schedule 2 operate in substitution for the provisions of Chapter 5
         Part 4 Division 2 of the Local Government Act 1999 (insofar as they relate to council
         members).
   (2)   A reference in another Part of the Local Government Act 1999 to a return under
         Chapter 5 Part 4 Division 2 of that Act will be taken to include a reference to a return
         under this Division and Schedule 2.

Part 4—Miscellaneous
37A—Rundle Mall
   (1)   Rundle Mall (the Mall) continues as a pedestrian mall.
   (2)   A person must not—
             (a)   drive a vehicle on any part of the Mall; or
            (b)    allow a vehicle to be or remain on any part of the Mall,
         otherwise than in accordance with a notice or permit published or given by the
         Adelaide City Council under this section.
         Maximum penalty: $750.
         Expiation fee: $105.
   (3)   The Council may, by notice published in the Gazette—
             (a)   specify the vehicles that may enter or remain in the Mall (and those vehicles
                   may be defined by reference to vehicles generally, vehicles of a specified
                   class, vehicles used for a specified purpose or by a specified person or
                   persons of a specified class, or vehicles used in specified circumstances);
            (b)    specify the hours or occasions during which vehicles may enter or remain in
                   the Mall (and the hours so specified may vary according to a vehicle or class
                   of vehicles or according to other specified circumstances).
   (4)   The Council may, by notice in writing, permit a vehicle to enter and remain in the
         Mall for the purpose and for the period, and subject to the conditions (if any),
         specified in the permission.




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     (5)   A person must not contravene or fail to comply with a condition imposed under
           subsection (4).
           Maximum penalty: $750.
           Expiation fee: $105.
     (6)   The Council may, by further notice, vary or revoke a notice or permit published or
           given under this section.
     (7)   In addition to any other power to make by-laws, the Council may make by-laws—
              (a)   regulating, controlling or prohibiting any activity in the Mall, or any activity
                    in the vicinity of the Mall, that is, in the opinion of the Council, likely to
                    affect the use or enjoyment of the Mall; and
             (b)    providing for the fixing, and varying or revoking, by resolution of the
                    Council, of fees and charges for the use of the Mall or any part of the Mall for
                    any display, activity or entertainment, or for any service provided or permit
                    issued in or in connection with the Mall, and providing for any matter or thing
                    in connection with the collection or remission of those fees or charges; and
              (c)   regulating any matter or thing connected with the external appearance of a
                    building or structure on, abutting or visible from the Mall; and
             (d)    regulating, controlling or prohibiting the movement or standing of vehicles on
                    access or egress areas to the Mall; and
              (e)   fixing a penalty not exceeding $250 for a breach of a by-law.
     (8)   In any proceedings for an offence against this section, an allegation that a person is the
           owner of a specified vehicle will, in the absence of proof to the contrary, be taken to
           be proved.
     (9)   If in any proceedings for an offence against this section it is proved that a vehicle was
           driven, parked, standing or stationary in any place in contravention of this section, it
           will, in the absence of proof to the contrary, be presumed that the vehicle was driven,
           parked, left standing or allowed to remain stationary by the owner of the vehicle.
     (10) The Local Government Act 1999 applies to and in relation to by-laws made under this
          section as if they were by-laws made under that Act.
37B—Corporate name
           The corporate name of the Corporation of Adelaide continues to be The Corporation
           of the City of Adelaide.
37C—The Corporation Acre
           The land known as "The Corporation Acre" within the City of Adelaide is vested in
           the Adelaide City Council.
38—Regulations
     (1)   The Governor may make such regulations as are contemplated by this Act, or as are
           necessary or expedient for the purposes of this Act.
     (2)   Without limiting the generality of subsection (1), the regulations may make specific
           provision concerning the furnishing of reports and other information to the Adelaide
           City Council by council members who are members of the Capital City Committee.


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                                                      Special provisions for elections and polls—Schedule 1




Schedule 1—Special provisions for elections and polls

Part 1—Preliminary
1—Interaction with Local Government (Elections) Act 1999
   (1)   In this Schedule—
             (a)   Part 2 operates, in relation to the Council and the City of Adelaide in
                   substitution for the provisions of Part 4 of the Local Government (Elections)
                   Act 1999; and
            (b)    Part 3 operates, in relation to the Council and the City of Adelaide, in
                   substitution for the provisions of Part 5 of the Local Government (Elections)
                   Act 1999; and
             (c)   clause 18 operates, in relation to the Council and the City of Adelaide, in
                   substitution for the provisions of section 39 of the Local Government
                   (Elections) Act 1999;
            (d)    clause 19 operates, in relation to the Council and the City of Adelaide, in
                   substitution for the provisions of section 47 of the Local Government
                   (Elections) Act 1999;
             (e)   Part 8 operates, in relation to the Council and the City of Adelaide, in
                   substitution for the provisions of Part 14 of the Local Government (Elections)
                   Act 1999.
   (2)   Section 13A(2)(a) of the Local Government (Elections) Act 1999 does not apply in
         relation to the Council.

Part 2—Enrolment
2—Qualifications for enrolment
                                     1
   (1)   Subject to this Schedule —
             (a)   a natural person of or above the age of majority is entitled to be enrolled on
                   the voters roll for an area or ward if that person—
                       (i)   is enrolled as an elector for the House of Assembly in respect of a
                             place of residence within the area or ward; or
                      (ii)   has lodged the prescribed application with the chief executive officer
                             of the Council, is resident at a place of residence within the area or
                             ward and has been so resident for a continuous period of at least
                             1 month immediately preceding the date of the application; or
                      (iii) is a ratepayer in respect of rateable property within the area or ward
                            and is the sole owner of that rateable property; or
                      (iv)   is a ratepayer in respect of rateable property within the area or ward,
                             is the sole occupier of that rateable property, and is not a resident in
                             respect of that rateable property; and




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              (b)   a body corporate is entitled to be enrolled on the voters roll for an area or
                    ward if it is a ratepayer in respect of rateable property within the area or ward
                    and is the sole owner or sole occupier of the rateable property; and
              (c)   a group of persons (consisting of natural persons, bodies corporate or partly
                    of natural persons and partly of bodies corporate) is entitled to be enrolled as
                    a group on the voters roll for an area or ward if—
                       (i)    the members of the group are all ratepayers in respect of rateable
                              property within the area or ward; and
                       (ii)   the members of the group are joint owners, owners in common or
                              joint occupiers of the rateable property; and
                       (iii) at least 1 member of the group (being a natural person of or above
                             the age of majority or a body corporate) is not enrolled on the
                             relevant voters roll under paragraph (a) or (b), and no member of the
                             group is enrolled on the relevant voters roll under paragraph (a)(i) or
                             (ii) as a resident in respect of the rateable property; and
                       (iv)   no member of the group who is an occupier of the rateable property
                              but not an owner is a resident in respect of the rateable property.
     (2)   A natural person is entitled, without application, to provisional enrolment on the
           voters roll for an area or ward if he or she is provisionally enrolled as an elector for
           the House of Assembly in respect of a place of residence within the area or ward.
     (3)   No enrolment will be made on the voters roll on the basis of a claim or application
           received between the time at which rolls for an election or poll close and polling day
           for the election or poll.
     (4)   If—
              (a)   a person has been enrolled as an elector under subclause (1)(a)(ii) on the basis
                    of residence at a particular place of residence; and
              (b)   the chief executive officer sends a notice to the relevant address asking the
                    elector to indicate whether he or she is still resident at that address; and
              (c)   the chief executive officer receives no reply within 28 days of the date of the
                    notice or receives a reply indicating that the elector is no longer resident at
                    that address,
           it may be presumed, for the purposes of the revision of the voters roll, that the elector
           is not still resident in the area or ward.
     (5)   A group of persons may, on application to the chief executive officer in a form
           determined by the chief executive officer—
              (a)   nominate a name for the group for the purposes of the voters roll;
              (b)   change the name for the group for the purposes of the voters roll.
     (6)   The chief executive officer may reject an application under subclause (5) if the name
           is, in the opinion of the chief executive officer, obscene or frivolous.
     (7)   Subject to the adoption of a name under subclause (5), the chief executive officer may
           determine the name of a group for the purposes of the voters roll.
     (8)   The name of a group must include the word "Group" at the end.


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                                                      Special provisions for elections and polls—Schedule 1


   (9)   For the purposes of subclause (1)(a)(iv) and (c)(iv), the chief executive officer is
         entitled to assume (in the absence of any information in the hands of the chief
         executive officer to the contrary) that a ratepayer in respect of rateable property used
         for residential purposes who is a natural person and who is (or who appears to be) an
         occupier but not an owner of that rateable property is a resident in respect of that
         rateable property (and the voters roll may have effect accordingly).
  (10) A person must not make a statement that is false or misleading in a material particular
       (whether by reason of the inclusion or omission of any particular) in any information
       provided under this clause.
       Maximum penalty: $10 000.
  Note—
         1         Subclause (1) does not apply to the Crown (see section 302 of the Local Government
                   Act 1999).

3—The voters roll
   (1)   The chief executive officer is responsible for the maintenance of a voters roll for the
         area.
   (2)   Subject to this clause, the voters roll must set out in relation to each person, body
         corporate or group enrolled—
             (a)   the full name of the person, body corporate or group; and
             (b)   in the case of a natural person—the address of the person's place of residence;
                   and
             (c)   the address of the place of residence or rateable property (as the case may be)
                   by virtue of which the person, body corporate or group is entitled to be
                   enrolled; and
             (d)   at the option of the person, body corporate or group—an additional address
                   nominated by the person, body corporate or group (in a manner and form
                   determined by the chief executive officer) for the service of postal voting
                   papers under clause 18; and
             (e)   any prescribed particulars.
   (3)   If the chief executive officer is satisfied that the inclusion on the voters roll of the
         address of the place of residence of a person or the address of a place of residence or
         rateable property (as the case may be) by virtue of which a person is entitled to be
         enrolled would place at risk the personal safety of that person, a member of that
         person's family or any other person, the chief executive officer may suppress the
         address from the voters roll.
   (4)   If the chief executive officer is satisfied that the address of the place of residence of a
         person entitled to be enrolled to vote is suppressed from a roll under the Electoral
         Act 1985, the chief executive officer must also suppress that address from the voters
         roll.
   (5)   If an area is divided into wards, the voters roll must differentiate the electors enrolled
         on the roll according to the wards in respect of which they are entitled to vote.




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     (6)   The voters roll must be maintained in a form that allows for the roll to be brought into
           an up-to-date form (including by the merger of enrolment information for the House
           of Assembly) within 3 weeks after the supply of relevant information by the Electoral
           Commissioner under subclause (10).
     (7)   The voters roll must be brought up-to-date whenever an election or poll is to be held
           so as to reflect entitlements as they exist—
              (a)   in the case of a periodic election—on a day fixed by the returning officer for
                    the close of the roll;
              (b)   in the case of any other election, or a poll—on a day fixed for the close of the
                    roll by the proclamation or notice fixing polling day for the election or poll.
     (8)   A day that falls within the ambit of subclause (7) will be the closing date for the roll.
     (9)   The closing date must not be less than—
              (a)   in the case of the closing date under subclause (7)(a)—13 weeks before
                    polling day for the relevant election;
              (b)   in the case of the closing date under subclause (7)(b)—8 weeks before polling
                    day for the relevant election or poll.
     (10) The Electoral Commissioner must, within 7 days after a closing date, supply the chief
          executive officer with a list of the persons who are, as at the closing date, enrolled
          (including those provisionally enrolled) as electors for the House of Assembly in
          respect of a place of residence within the area.
                      •    A list may be supplied in electronic form, or in another manner agreed
                           between the Electoral Commissioner and the chief executive officer.
     (11) If the area of the Council is divided into wards, the list supplied under subclause (10)
          must differentiate the electors according to the wards in relation to which they are
          enrolled.
     (12) The Electoral Commissioner is entitled to recover as a debt from the Council a fee of
          an amount determined by the Electoral Commissioner for the supply of a list under
          this clause.
     (13) The voters roll must be brought up-to-date in accordance with the requirements of
          subclause (7) within 4 weeks after the relevant closing date.
                      •    A voters roll will be taken to have been brought up-to-date when copies
                           of the roll are available for public inspection under this clause.
     (14) The Council must ensure that copies of the roll are available for inspection (without
          charge) by the public at the principal office of the Council.
     (15) At any time between the close of nominations and polling day for an election, a
          nominated candidate for the election is entitled to obtain from the relevant council a
          copy of the voters roll in printed form for the area (and he or she may, during that
          period, obtain further copies of the voters roll in printed form from the Council on
          payment of the fees fixed by the Council).
     (16) The chief executive officer must supply the returning officer with sufficient copies of
          the voters roll, certified by the chief executive officer, for use at an election or poll.




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  (17) The chief executive officer is not responsible to check the accuracy of a list supplied
       by the Electoral Commissioner under this clause and is entitled to assume that such a
       list is accurate.
  (18) The validity of a voters roll is not affected by a misdescription or other error in the
       roll.
  (19) A voters roll is conclusive evidence of the entitlement of a person, body corporate or
       group whose name appears in the roll as an elector to vote at an election or poll at
                               1
       which the roll is used.
  Note—
         1         Part 3 is also relevant to determining entitlements to vote.


Part 3—Entitlement to vote
4—Entitlement to vote
   (1)   Subject to subclause (2), a natural person who has his or her name on the voters roll
         used for an election or poll as an elector in his or her own right is entitled to vote at
         that election or poll.
   (2)   A natural person is not entitled to vote at an election if—
             (a)   he or she was provisionally enrolled; and
             (b)   he or she is not, as at polling day, of or above the age of majority.
   (3)   A natural person is entitled to vote at an election or poll for a body corporate which
         has its name on the voters roll if—
             (a)   the natural person is an officer of the body corporate; and
             (b)   the natural person is acting on behalf of the body corporate (which may be
                   assumed on the basis of a declaration under clause 18).
   (4)   A natural person is entitled to vote at an election or poll for a group which has its
         name on the voters roll if—
             (a)   the natural person is a member of the group or an officer of a body corporate
                   that is a member of the group; and
             (b)   the natural person is acting on behalf of the group (which may be assumed on
                   the basis of a declaration under clause 18).
   (5)   A natural person is not entitled to vote under subclause (3) or (4) unless he or she is of
         or above the age of majority.
   (6)   If the name of a natural person has been omitted in error from a voters roll used for an
         election or poll, the person is, subject to this Schedule, entitled to vote at the election
         or poll as if the error had not occurred.
   (7)   If the name of a body corporate has been omitted in error from a voters roll used for
         an election or poll, a person is, subject to this Schedule, entitled to vote at the election
         or poll under subclause (3) as if the error had not occurred.
   (8)   If the name of a group has been omitted in error from a voters roll used for an election
         or poll, a person is, subject to this Schedule, entitled to vote at the election or poll
         under subclause (4) as if the error had not occurred.



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     (9)   A natural person cannot vote at an election or poll for another natural person pursuant
           to a power of attorney.
     (10) A natural person may only vote in 1 capacity at an election or poll for the City of
          Adelaide (but this clause does not prevent a person voting at 2 or more elections for
          the City of Adelaide held on the same day).
5—Entitlement to stand for election
     (1)   Subject to this Schedule and the Local Government Act 1999, a person is eligible to be
           a candidate for election as a member of the Council if—
              (a)   the person is—
                        (i)    an Australian citizen; or
                        (ii)   a prescribed person; and
              (b)   —
                        (i)    the person is an elector for the area; or
                        (ii)   the person is the nominee of a body corporate which has its name on
                               the voters roll for the area; or
                       (iii) the person is the nominee of a group which has its name on the
                             voters roll for the area; or
                       (iv)    the person's name has been omitted in error from the voters roll for
                               the area, or the person is the nominee of a body corporate or group
                               which has had its name omitted in error from the voters roll for the
                               area (and would be eligible for nomination under subparagraph (ii) or
                               (iii) (as the case may be) were the name on the roll).
     (2)   Subclause (1)(b) operates subject to the following qualifications:
              (a)   a nominee of a body corporate must be an officer of the body corporate;
              (b)   a nominee of a group must be a member of the group, or an officer of a body
                    corporate that is a member of the group;
              (c)   a body corporate or group cannot nominate more than one person for a
                    particular election;
              (d)   a body corporate or group cannot nominate a person who has not attained the
                    age of majority.
     (3)   A person is not eligible to be a candidate for election as a member of the Council if
           the person—
              (a)   is a member of an Australian Parliament; or
              (b)   is an undischarged bankrupt or is receiving the benefit of a law for the relief
                    of insolvent debtors; or
              (c)   has been sentenced to imprisonment and is, or could on the happening of
                    some contingency become, liable to serve the sentence or the remainder of the
                    sentence; or
              (d)   is an employee of the Council; or




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             (e)   is disqualified from election by court order under the Local Government
                   Act 1999.
   (4)   A person is not eligible to be a candidate for election as a member of the Council if
         the person—
             (a)   in the case of a supplementary election—is a member of another council; or
            (b)    in the case of any election—is a candidate for election as a member of
                   another council.
   (5)   In this clause—
         prescribed person means a person who has held office as a member of a council at
         any time between 5 May 1997 and the commencement of this clause.

Part 7—Special provisions relating to postal voting
18—Issue of postal voting papers
   (1)   The returning officer must, as soon as practicable after the twenty first day before
         polling day, and in any event not later than 14 days before polling day, issue to every
         natural person, body corporate or group who or which has his, her or its name on the
         voters roll used for the purposes of the election or poll postal voting papers consisting
         of—
             (a)   a ballot paper (or, in an appropriate case, ballot papers) authenticated to the
                   satisfaction of the returning officer; and
            (b)    an opaque envelope bearing a declaration (in a form determined by the
                   Electoral Commissioner), to be completed by the voter, declaring the voter's
                   date of birth and—
                       (i)   that the ballot paper contained in the envelope contains his or her
                             vote; and
                      (ii)   that he or she has not already voted at the election or poll; and
                      (iii) if the voting papers are issued to a body corporate or group—that he
                            or she is eligible to vote and is acting on behalf of the body corporate
                            or group.
   (2)   The declaration under subclause (1) must appear on a tear-off extension to the
         envelope flap.
   (3)   An envelope used under subclause (1) must be—
             (a)   a pre-paid post envelope addressed to the returning officer; or
            (b)    accompanied by a pre-paid post envelope addressed to the returning officer,
         and must comply with any prescribed requirement.
   (4)   Postal voting papers must also be issued to any person, body corporate or group of
         persons whose name does not appear on the voters roll but who claims to be entitled to
         vote at the election or poll and applies to the returning officer for voting papers not
         later than—
             (a)   in the case of an application made by post—5 pm on the second business day
                   before polling day;


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                (b)    in the case of an application made personally—the close of voting on polling
                       day.
     (5)   Postal voting papers issued under subclause (4) must also include a declaration (in a
           form determined by the Electoral Commissioner) for the voter to set out the grounds
           on which an entitlement to vote is claimed.
     (6)   Postal voting papers issued under this clause must be accompanied by an explanatory
           notice and a set of candidate profiles that comply with the regulations and may be
           accompanied by other material determined by the returning officer.
     (7)   Postal voting papers may be issued under this clause—
                (a)    by giving them to the prospective voter personally; or
                (b)    by sending them by post—
                          (i)    to a prospective voter at the appropriate address on the voters roll; or
                          (ii)   in the case of a body corporate or group (without limiting any other
                                 method of delivery)—to the body corporate or group at an address
                                 nominated by the body corporate or group in a manner determined or
                                 approved by the returning officer; or
                          (iii) in the case of a prospective voter whose name and address do not
                                appear on the voters roll—at some other address of which the
                                returning officer has received notice in a manner determined or
                                approved by the returning officer.
     (8)   The returning officer must keep a record of the electors and other persons to whom
           voting papers are issued under this clause.
     (9)   If postal voting papers are returned because they have not been able to be successfully
                                                                                               1
           delivered, the returning officer must retain those voting papers in a secure place.
     (10) The returning officer is not obliged to check the date of birth of a voter, or any other
          information, provided under this clause (but may do so on a selective, random or other
          basis determined by the returning officer).
     (11) A vote may be admitted to the count notwithstanding that the voter's date of birth has
          not been declared (or accurately declared) under this clause, or that there has been
          some other formal defect or error on the part of the voter in complying with the
          requirements of this clause (unless the returning officer is of the opinion that the
          defect or error is sufficiently significant to warrant the rejection of the vote).
     (12) The returning officer is not required to issue postal voting papers under this clause
          with respect to a person who the returning officer has reason to believe has died.
     Note—
           1           Fresh voting papers may be subsequently issued under section 43 of the Local
                       Government (Elections) Act 1999.




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19—Arranging postal papers
   (2)   For the purposes of the scrutiny of voting papers for each election or poll, the
         returning officer will, with the assistance of any other electoral officers who may be
         present, and in the presence of any scrutineers who may be present—
             (a)   examine the declarations on all envelopes used for voting (and validly
                   returned) and determine which votes are to be accepted for further scrutiny
                   and which rejected from further scrutiny, rejecting unopened—
                       (i)   any envelope that forms part of a set of voting papers that have been
                             cancelled under this Schedule;
                      (ii)   any two or more envelopes where it appears to the returning officer
                             that the voter has acted in more than one capacity at the particular
                             election or poll;
                      (iii) any envelope where the voter's name does not appear on the voters
                            roll, unless the voter is voting on behalf of a body corporate or group
                            of persons in accordance with this Schedule, or unless the voter's
                            name has been omitted from the roll in error;
                      (iv)   any envelope where the voter is purporting to be voting on behalf of
                             a body corporate or group of persons but the returning officer
                             concludes that the voter is in fact attempting to exercise an
                             unauthorised vote;
                      (v)    any envelope where the signature does not, to the satisfaction of the
                             returning officer, correspond with the signature on the application (if
                             any) of the voter for the relevant voting papers;
            (b)    tear off the extensions to the envelope flaps on the envelopes accepted under
                   paragraph (a);
             (c)   rearrange the envelopes that no longer bear their tear-off extensions so that
                   the anonymity of voters is maintained;
            (d)    remove the ballot papers from those envelopes;
             (e)   if an envelope contains more than one ballot paper and a scrutineer challenges
                   the number of ballot papers contained in the envelope—satisfy himself or
                   herself that the envelope does not contain more ballot papers than the number
                   to which the voter is entitled and, if the returning officer is not so satisfied,
                   return all of those ballot papers to the envelope and reject them from the
                   count;
             (f)   examine the remaining ballot papers and reject any informal ballot papers;
            (g)    arrange all unrejected ballot papers into appropriate parcels for counting.




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Part 8—Campaign donations and expenditure
Division 1—Preliminary
22—Interpretation
           In this Part—
           disposition of property means a conveyance, transfer, assignment, settlement,
           delivery, payment or other alienation of property, and includes—
              (a)   the allotment of shares in a company; and
             (b)    the creation of a trust in property; and
              (c)   the grant or creation of a lease, mortgage, charge, servitude, licence, power or
                    partnership or any interest in property; and
             (d)    the release, discharge, surrender, forfeiture or abandonment, at law or in
                    equity, of a debt, contract or chose in action or any interest in property; and
              (e)   the exercise by a person of a general power of appointment of property in
                    favour of another person; and
              (f)   a transaction entered into by a person with intent thereby to diminish, directly
                    or indirectly, the value of the person's own property and to increase the value
                    of the property of another person;
           electoral advertisement means an advertisement containing electoral material;
           electoral material means an advertisement, notice, statement or representation
           calculated to affect the result of an election or poll;
           gift means a disposition of property made by a person to another person, otherwise
           than by will, being a disposition made without consideration in money or money's
           worth or with inadequate consideration, and includes the provision of a service (other
           than volunteer labour) for no consideration or for inadequate consideration;
           journal means a newspaper, magazine or other periodical, whether published for sale
           or for distribution without charge;
           property includes money;
           registered industrial organisation means an organisation registered under the
           Industrial and Employee Relations Act 1994 or under a law of the Commonwealth or
           another State or a Territory concerning the registration of industrial organisations.

Division 2—Returns
23—Returns for candidates
     (1)   A person who is a candidate for election to an office of the Adelaide City Council
           must, within 30 days after the conclusion of the election, furnish to the chief executive
           officer of the Council, in accordance with the requirements of this Part—
              (a)   a campaign donations return under this Division; and
             (b)    a campaign expenditure return under this Division.
     (2)   The returns must be in the prescribed form and completed in the prescribed manner.


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                                                      Special provisions for elections and polls—Schedule 1


24—Campaign donations returns
   (1)   Subject to this clause, a campaign donations return for a candidate for election to an
         office of the Adelaide City Council must set out—
             (a)   the total amount or value of all gifts received by the candidate during the
                   disclosure period; and
            (b)    the number of persons who made those gifts; and
             (c)   the amount or value of each gift; and
            (d)    the date on which each gift was made; and
             (e)   in the case of each gift made on behalf of the members of an unincorporated
                   association, other than a registered industrial organisation—
                       (i)   the name of the association; and
                      (ii)   the names and addresses of the members of the executive committee
                             (however described) of the association; and
             (f)   in the case of each gift purportedly made out of a trust fund or out of the
                   funds of a foundation—
                       (i)   the names and addresses of the trustees of the fund or of the funds of
                             the foundation; and
                      (ii)   the title or other description of the trust fund or the name of the
                             foundation, as the case requires; and
            (g)    in the case of each other gift—the name and address of the person who made
                   the gift.
   (2)   A campaign donations return need not set out any details required by subclause (1) in
         respect of—
             (a)   a private gift made to the candidate; or
            (b)    a gift if the amount or value of the gift is less than $500.
   (3)   For the purposes of this clause—
             (a)   the disclosure period is the period that commenced—
                       (i)   in relation to a candidate in an election who was a new candidate
                             (other than a candidate referred to in subparagraph (ii))—12 months
                             before polling day for the election;
                      (ii)   in relation to a candidate in an election who was a new candidate and
                             when he or she became a candidate in the election was a member of
                             the Council by virtue of having been appointed under the Local
                             Government Act 1999—on the day on which the person was so
                             appointed as a member of the Council;
                      (iii) in relation to a candidate in an election who was not a new
                            candidate—at the end of 21 days after polling day for the last
                            preceding election in which the person was a candidate,
                   and that ended, in any of the above cases, at the end of 21 days after polling
                   day for the election;



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              (c)   a candidate is a new candidate, in relation to an election, if the person had not
                    been a candidate in the last general election of the Council and had not been
                    elected at a supplementary election held after the last general election of the
                    Council;
             (d)    two or more gifts (excluding private gifts) made by the same person to a
                    candidate during the disclosure period are to be treated as one gift;
              (e)   a gift made to a candidate is a private gift if it is made in a private capacity to
                    the candidate for his or her personal use and the candidate has not used, and
                    will not use, the gift solely or substantially for a purpose related to an
                    election.
     (4)   If no details are required to be included in a return under this clause for a candidate,
           the return must nevertheless be lodged and must include a statement to the effect that
           no gifts of a kind required to be disclosed were received.
25—Campaign expenditure return
     (1)   Subject to this clause, a campaign expenditure return for a candidate for election to an
           office of the Adelaide City Council must set out details of all campaign expenditure in
           relation to the election incurred by or with the authority of the candidate.
     (2)   For the purposes of this clause, campaign expenditure, in relation to an election, is
           expenditure incurred on—
              (a)   the broadcasting of an electoral advertisement relating to the election; or
             (b)    the publishing in a journal of an electoral advertisement relating to the
                    election; or
              (c)   the display at a theatre or other place of entertainment, of an electoral
                    advertisement relating to the election; or
             (d)    the production of an electoral advertisement relating to the election, being an
                    advertisement that is broadcast, published or displayed as mentioned in
                    paragraph (a), (b) or (c); or
              (e)   the production of any material (not being material referred to in paragraph (a),
                    (b) or (c)) that is required under section 27 of the Local Government
                    (Elections) Act 1999 to include the name and address of the author of the
                    material or of the person who is the printer of the material (in the case of
                    printed electoral material); or
              (f)   consultants' or advertising agents' fees in respect of—
                       (i)    services relating to the election; or
                       (ii)   material relating to the election; or
             (g)    the carrying out of an opinion poll, or other research, relating to the election;
                    or
             (h)    the production and distribution of electoral material that is addressed to
                    particular persons or organisations; or
              (i)   other matters or items of a prescribed kind.




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   (3)   If a candidate incurred campaign expenditure of a total amount not exceeding $500 in
         relation to an election (or incurred no campaign expenditure), the return may be
         lodged as a "Nil" return.
26—Certain gifts not to be received
   (1)   It is unlawful for a member of the Adelaide City Council to receive a gift made to or
         for the benefit of the member the amount or value of which is not less than $500
         unless—
             (a)   the name and address of the person making the gift are known to the member;
                   or
            (b)    at the time when the gift is made, the person making the gift gives to the
                   member his or her name and address and the member has no grounds to
                   believe that the name and address so given are not the true name and address
                   of the person making the gift.
   (2)   It is unlawful for a candidate in an election, or a person acting on behalf of a candidate
         in an election, to an office of the Adelaide City Council to receive a gift made to or for
         the benefit of the candidate the amount or value of which is not less than $500
         unless—
             (a)   the name and address of the person making the gift are known to the person
                   receiving the gift; or
            (b)    at the time when the gift is made, the person making the gift gives to the
                   person receiving the gift his or her name and address and the person receiving
                   the gift has no grounds to believe that the name and address so given are not
                   the true name and address of the person making the gift.
   (3)   For the purposes of this clause—
             (a)   a reference to a gift made by a person includes a reference to a gift made on
                   behalf of the members of an unincorporated association;
            (b)    a reference to the name and address of a person making a gift is—
                       (i)   in the case of a gift made on behalf of the members of an
                             unincorporated association, other than a registered industrial
                             organisation—a reference to—
                                (A)    the name of the association; and
                                (B)    the names and addresses of the members of the executive
                                       committee (however described) of the association; and
                      (ii)   in the case of a gift purportedly made out of a trust fund or out of the
                             funds of a foundation—a reference to—
                                (A)    the names and addresses of the trustees of the fund or of the
                                       funds of the foundation; and
                                (B)    the title or other description of the trust fund or the name of
                                       the foundation, as the case requires;
             (c)   a person who is a candidate in an election is to be taken to remain a candidate
                   for 30 days after the polling day for the election;




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              (d)   a reference to a candidate in an election includes a reference to a person who
                    is already a member of the Council.
     (4)   If a person receives a gift that, by virtue of this clause, it is unlawful for the person to
           receive, an amount equal to the amount or value of the gift is payable by that person to
           the Crown and may be recovered by the Crown as a debt by action, in a court of
           competent jurisdiction, against the person.
27—Inability to complete returns
           If a person who is required to furnish a return under this Division considers that it is
           impossible to complete the return because he or she is unable to obtain particulars that
           are required for the preparation of the return, the person may—
              (a)   prepare the return to the extent that it is possible to do so without those
                    particulars; and
              (b)   furnish the return so prepared; and
              (c)   give to the chief executive officer notice in writing—
                       (i)    identifying the return; and
                       (ii)   stating that the return is incomplete by reason that he or she is unable
                              to obtain certain particulars; and
                       (iii) identifying those particulars; and
                       (iv)   setting out the reasons why he or she is unable to obtain those
                              particulars; and
                       (v)    if the person believes, on reasonable grounds, that another person
                              whose name and address he or she knows can give those
                              particulars—stating that belief and the reasons for it and the name
                              and address of that other person,
           and a person who complies with this clause is not, by reason of the omission of those
           particulars, to be taken, for the purposes of this Division, to have furnished a return
           that is incomplete.
28—Amendment of returns
     (1)   A person who has furnished a return under this Division may request the permission
           of the chief executive officer to make a specified amendment of the return for the
           purpose of correcting an error or omission.
     (2)   A request under subclause (1) must—
              (a)   be by notice in writing signed by the person making the request; and
              (b)   be lodged with the chief executive officer.
     (3)   If—
              (a)   a request has been made under subclause (1); and
              (b)   the chief executive officer is satisfied that there is an error in, or omission
                    from, the return to which the request relates,
           the chief executive officer must amend the return, or permit the person making the
           request to amend the return, in accordance with the request.



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   (4)   The amendment of a return under this clause does not affect the liability of a person to
         be convicted of an offence arising out of the furnishing of the return.
29—Offences
   (1)   A person who fails to furnish a return that the person is required to furnish under this
         Division within the time required by this Division is guilty of an offence.
         Maximum penalty: $10 000.
   (2)   A person who furnishes a return or other information—
             (a)   that the person is required to furnish under this Division; and
            (b)    that contains a statement that is, to the knowledge of the person, false or
                   misleading in a material particular,
         is guilty of an offence.
         Maximum penalty: $10 000.
   (3)   A person who furnishes to another person who is required to furnish a return under
         this Division information—
             (a)   that the person knows is required for the purposes of that return; and
            (b)    that is, to that person's knowledge, false or misleading in a material particular,
         is guilty of an offence.
         Maximum penalty: $10 000.
   (4)   An allegation in a complaint that a specified person had not furnished a return of a
         specified kind as at a specified date will be taken to have been proved in the absence
         of proof to the contrary.
30—Failure to comply with Division
   (1)   If a person who is required to furnish a return under this Division fails to submit the
         return within the time required by this Division, the chief executive officer must as
         soon as practicable notify the person of that fact.
   (2)   A notification under subclause (1) must be given by letter sent to the person by
         registered mail.
   (3)   A failure of a person to comply with a provision of this Division in relation to an
         election does not invalidate that election.

Division 3—Public access to information
31—Public inspection of returns
   (1)   The chief executive officer of the Adelaide City Council must keep at the principal
         office of the Council each return furnished to the chief executive officer under
         Division 2.
   (2)   Subject to this clause, a person is entitled to inspect a copy of a return under
         Division 2, without charge, during ordinary business hours at the principal office of
         the Council.
   (3)   Subject to this clause, a person is entitled, on payment of a fee fixed by the Council, to
         obtain a copy of a return under Division 2.


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     (4)   A person is not entitled to inspect or obtain a copy of a return until the end of eight
           weeks after the day before which the return was required to be furnished to the chief
           executive officer.
     (5)   The chief executive officer is only required to keep a return under this clause for a
           period of 4 years following the election to which the return relates.
32—Restrictions on publication
     (1)   A person must not publish—
              (a)   information derived from a return under Division 2 unless the information
                    constitutes a fair and accurate summary of the information contained in the
                    return and is published in the public interest; or
             (b)    comment on the facts set forth in a return under Division 2 unless the
                    comment is fair and published in the public interest and without malice.
     (2)   If information or comment is published by a person in contravention of subclause (1),
           the person, and any person who authorised the publication of the information or
           comment, is guilty of an offence.
           Maximum penalty: $10 000.

Division 4—Related matters
33—Requirement to keep proper records
     (1)   A person must take reasonable steps to keep in his or her possession all records
           relevant to completing a return under this Part.
           Maximum penalty: $5 000.
     (2)   A person must keep a record under subclause (1) for at least 4 years after the date on
           which the relevant return is required to be furnished to the chief executive officer of
           the Council under this Part.
           Maximum penalty: $5 000.
34—Related matters
     (1)   For the purposes of this Part, the amount or value of a gift consisting of or including a
           disposition of property other than money is, if the regulations so provide, to be
           determined in accordance with principles set out or referred to in the regulations.
     (2)   For the purposes of this Part—
              (a)   a body corporate and any other body corporate that is related to the
                    first-mentioned body corporate is to be taken to be the same person; and
             (b)    the question whether a body corporate is related to another body corporate is
                    to be determined in the same manner as under the Corporations Law.
     (3)   For the purposes of this Part, an act performed by a person or committee appointed or
           formed to assist the campaign of a candidate in an election will be taken to be an act
           performed by the candidate.




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Schedule 2—Register of interests—form of returns
1—Interpretation
   (1)   In this Schedule, unless the contrary intention appears—
         beneficial interest in property includes a right to re-acquire the property;
         domestic partner means a person who is a domestic partner within the meaning of the
         Family Relationships Act 1975, whether declared as such under that Act or not;
         family, in relation to a council member, means—
             (a)   a spouse or domestic partner of the member; and
            (b)    a child of the member who is under the age of 18 years and normally resides
                   with the member;
         family company of a council member means a proprietary company—
             (a)   in which the member or a member of the member's family is a shareholder;
                   and
            (b)    in respect of which the member or a member of the member's family, or any
                   such persons together, are in a position to cast, or control the casting of, more
                   than one-half of the maximum number of votes that might be cast at a general
                   meeting of the company;
         family trust of a council member means a trust (other than a testamentary trust)—
             (a)   of which the member or a member of the member's family is a beneficiary;
                   and
            (b)    which is established or administered wholly or substantially in the interests of
                   the member or a member of the member's family, or any such persons
                   together;
         financial benefit, in relation to a person, means—
             (a)   any remuneration, fee or other pecuniary sum exceeding $1 000 received by
                   the person in respect of a contract of service entered into, or paid office held
                   by, the person; and
            (b)    the total of all remuneration, fees or other pecuniary sums received by the
                   person in respect of a trade, profession, business or vocation engaged in by
                   the person where that total exceeds $1 000,
         but does not include an annual allowance, fees, expenses or other financial benefit
         payable to the person under this Act or the Local Government Act 1999;
         gift means a transaction in which a benefit of pecuniary value is conferred without
         consideration or for less than adequate consideration, but does not include an ordinary
         commercial transaction or a transaction in the ordinary course of business;
         income source, in relation to a person, means—
             (a)   any person or body of persons with whom the person entered into a contract
                   of service or held any paid office; and
            (b)    any trade, vocation, business or profession engaged in by the person;


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           a person related to a member means—
              (a)   a member of the member's family;
             (b)    a family company of the member;
              (c)   a trustee of a family trust of the member;
           return period, in relation to an ordinary return of a council member, means—
              (a)   in the case of a member whose last return was a primary return—the period
                    between the date of the primary return and 30 June next following; and
             (b)    in the case of any other member—the period of 12 months expiring on
                    30 June on or within 60 days after which the ordinary return is required to be
                    submitted;
           spouse—a person is the spouse of another if they are legally married;
           trade or professional organisation means a body, corporate or unincorporate, of—
              (a)   employers or employees; or
             (b)    persons engaged in a profession, trade or other occupation,
           being a body of which the object, or one of the objects, is the furtherance of its own
           professional, industrial or economic interests or those of any of its members.
     (2)   For the purposes of this Schedule, a person who is an object of a discretionary trust is
           to be taken to be a beneficiary of that trust.
     (3)   For the purpose of this Schedule, a person is an investor in a body if—
              (a)   the person has deposited money with, or lent money to, the body that has not
                    been repaid and the amount not repaid equals or exceeds $10 000; or
             (b)    the person holds, or has a beneficial interest in, shares in, or debentures of,
                    the body or a policy of life insurance issued by the body.
     (4)   For the purposes of the Schedule, in relation to a return by a council member—
              (a)   two or more separate contributions made by the same person for or towards
                    the cost of travel undertaken by the member or a member of the member's
                    family during the return period are to be treated as one contribution for or
                    towards the cost of travel undertaken by the member;
             (b)    two or more separate gifts received by the member or a person related to the
                    member from the same person during the return period are to be treated as
                    one gift received by the member;
              (c)   two or more separate transactions to which the member or a person related to
                    the member is a party with the same person during the return period under
                    which the member or a person related to the member has had the use of
                    property of the other person (whether or not being the same property) during
                    the return period are to be treated as one transaction under which the member
                    has had the use of property of the other person during the return period.




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                                                         Register of interests—form of returns—Schedule 2


2—Contents of return
   (1)   For the purposes of this Act, a primary return must be in the prescribed form and
         contain the following information:
             (a)   a statement of any income source that the council member required to submit
                   the return or a person related to the member has or expects to have in the
                   period of 12 months after the date of the primary return; and
            (b)    the name of any company, or other body, corporate or unincorporate, in
                   which the council member or a member of his or her family holds any office
                   whether as director or otherwise; and
             (c)   the information required by subclause (3).
   (2)   For the purposes of this Act, an ordinary return must be in the prescribed form and
         contain the following information:
             (a)   if the council member required to submit the return or a person related to the
                   member received, or was entitled to receive, a financial benefit during any
                   part of the return period—the income source of the financial benefit; and
            (b)    if the council member or a member of his or her family held an office whether
                   as director or otherwise in any company or other body, corporate or
                   unincorporate, during the return period—the name of the company or other
                   body; and
             (c)   the source of any contribution made in cash or in kind of or above the amount
                   or value of $750 (other than any contribution by the Council, by the State, by
                   an employer or by a person related by blood or marriage) for or towards the
                   cost of any travel beyond the limits of South Australia undertaken by the
                   council member or a member of his or her family during the return period,
                   and for the purposes of this paragraph cost of travel includes accommodation
                   costs and other costs and expenses associated with the travel; and
            (d)    particulars (including the name of the donor) of any gift of or above the
                   amount or value of $750 received by the council member or a person related
                   to the member during the return period from a person other than a person
                   related by blood or marriage to the member or to a member of the member's
                   family; and
             (e)   if the council member or a person related to the member has been a party to a
                   transaction under which the member or person related to the member has had
                   the use of property of the other person during the return period and—
                       (i)   the use of the property was not acquired for adequate consideration
                             or through an ordinary commercial transaction or in the ordinary
                             course of business; and
                      (ii)   the market price for acquiring a right to such use of the property
                             would be $750 or more; and
                      (iii) the person granting the use of the property was not related by blood
                            or marriage to the member or to a member of the member's family—
                   the name and address of that person; and
             (f)   the information required by subclause (3).



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Schedule 2—Register of interests—form of returns


     (3)   For the purposes of this Act, a return (whether primary or ordinary) must contain the
           following information:
              (a)   the name or description of any company, partnership, association or other
                    body in which the council member required to submit the return or a person
                    related to the member is an investor; and
             (b)    the name of any political party, any body or association formed for political
                    purposes or any trade or professional organisation of which the council
                    member is a member; and
              (c)   a concise description of any trust (other than a testamentary trust) of which
                    the council member or a person related to the member is a beneficiary or
                    trustee (including the name and address of each trustee); and
             (d)    the address or description of any land in which the council member or a
                    person related to the member has any beneficial interest other than by way of
                    security for any debt; and
              (e)   any fund in which the council member or a person related to the member has
                    an actual or prospective interest to which contributions are made by a person
                    other than the member or a person related to the member; and
              (f)   if the council member or a person related to the member is indebted to
                    another person (not being related by blood or marriage to the member or to a
                    member of the member's family) in an amount of or exceeding $7 500—the
                    name and address of that other person; and
             (g)    if the council member or a person related to the member is owed money by a
                    natural person (not being related to the member or a member of the member's
                    family by blood or marriage) in an amount of or exceeding $10 000—the
                    name and address of that person; and
             (h)    any other substantial interest whether of a pecuniary nature or not of the
                    council member or of a person related to the member of which the member is
                    aware and which he or she considers might appear to raise a material conflict
                    between his or her private interest and the public duty that he or she has or
                    may subsequently have as a member.
     (4)   A council member is required by this clause only to disclose information that is
           known to the member or ascertainable by the member by the exercise of reasonable
           diligence.
     (5)   Nothing in this clause requires a council member to disclose information relating to a
           person as trustee of a trust unless the information relates to the person in the person's
           capacity as trustee of a trust by reason of which the person is related to the member.
     (6)   A council member may include in a return such additional information as the member
           thinks fit.
     (7)   Nothing in this clause will be taken to prevent a council member from disclosing
           information required by this clause in such a way that no distinction is made between
           information relating to the member personally and information relating to a person
           related to the member.
     (8)   Nothing in this clause requires disclosure of the actual amount or extent of a financial
           benefit, gift, contribution or interest.



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                                                                    14.1.2010—City of Adelaide Act 1998
                                                                                      Legislative history



Legislative history
Notes
    •    Please note—References in the legislation to other legislation or instruments or to
         titles of bodies or offices are not automatically updated as part of the program for the
         revision and publication of legislation and therefore may be obsolete.
    •    Earlier versions of this Act (historical versions) are listed at the end of the legislative
         history.
    •    For further information relating to the Act and subordinate legislation made under the
         Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Legislation repealed by principal Act
The City of Adelaide Act 1998 repealed the following:
         Rundle Street Mall Act 1975

Principal Act and amendments
New entries appear in bold.
Year No       Title                                  Assent        Commencement
1998 47       City of Adelaide Act 1998              3.9.1998      10.9.1998 (Gazette 10.9.1998 p814)
                                                                   except s 31—3.9.1998: s 2(2) and except
                                                                   ss 6—19, 21—30 and
                                                                   32—37—14.12.1998 (Gazette 3.12.1998
                                                                   p1674)
1999 38       City of Adelaide (Rundle Mall)         5.8.1999      25.11.1999 (Gazette 25.11.1999 p2434)
              Amendment Act 1999
1999 39       Road Traffic (Road Rules)              5.8.1999      1.12.1999 (Gazette 11.11.1999 p2254)
              Amendment Act 1999
1999 64       Local Government (Implementation) 18.11.1999         s 5—1.1.2000 (Gazette 9.12.1999
              Act 1999                                             p3113)
2005 35       Statutes Amendment (Local              14.7.2005     Pt 2 (ss 4—9) & Sch 1 (cll 1—4, 5(2),
              Government Elections) Act 2005                       6—9)—18.8.2005; Sch 1
                                                                   (cl 5(1))—1.1.2006 (Gazette 18.8.2005
                                                                   p3058)
2005 60       Local Government (Financial            1.12.2005     Sch 1 (cll 1 & 2)—25.1.2007 (Gazette
              Management and Rating)                               25.1.2007 p276)
              Amendment Act 2005
2005 69       Adelaide Park Lands Act 2005           8.12.2005     Sch 1 (cl 2)—14.12.2006 (Gazette
                                                                   7.12.2006 p4269)
2006 6        City of Adelaide (Representation       29.6.2006     29.6.2006
              Review) Amendment Act 2006
2006 43       Statutes Amendment (Domestic           14.12.2006    Pt 14 (s 41)—1.6.2007 (Gazette
              Partners) Act 2006                                   26.4.2007 p1352)
2009 50       Local Government (Elections)           5.11.2009     Sch 1 (cll 1—3)—21.12.2009 (Gazette
              (Miscellaneous) Amendment Act                        10.12.2009 p6167)
              2009



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City of Adelaide Act 1998—14.1.2010
Legislative history


2009 66          Statutes Amendment (Council            10.12.2009   Pt 3 (s 5)—14.1.2010 (Gazette
                 Allowances) Act 2009                                14.1.2010 p51)

Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision                  How varied                                               Commencement
Pt 1
     s2                    omitted under Legislation Revision and                      18.8.2005
                           Publication Act 2002
     s4
       relevant day        deleted by 35/2005 s 4                                      18.8.2005
     s5
       s 5(1)              amended by 64/1999 s 5(a)                                    1.1.2000
       s 5(2)              amended by 64/1999 s 5(b)                                    1.1.2000
Pt 2
     s 18
       s 18(1)             amended by 50/2009 Sch 1 cl 1                              21.12.2009
Pt 3
     s 20
       s 20(1)             amended by 35/2005 s 5(1)                                   18.8.2005
                           amended by 6/2006 s 3(1)                                    29.6.2006
       s 20(2)             deleted by 6/2006 s 3(2)                                    29.6.2006
       s 20(4)             amended by 64/1999 s 5(c)                                    1.1.2000
       s 20(5)             amended by 64/1999 s 5(d)—(g)                                1.1.2000
                           amended by 35/2005 s 5(2)—(4)                               18.8.2005
                           substituted by 6/2006 s 3(3)                                29.6.2006
                           expired: 6/2006 s 5—omitted under Legislation              (10.11.2007)
                           Revision and Publication Act 2002
       s 20(6)             inserted by 35/2005 s 5(5)                                  18.8.2005
                           deleted by 6/2006 s 3(3)                                    29.6.2006
     s 22
       s 22(3)             amended by 64/1999 s 5(h)                                    1.1.2000
     s 23
       s 23(1)             amended by 35/2005 s 6                                      18.8.2005
     s 24 before
     substitution by
     66/2009
       s 24(1)             amended by 64/1999 s 5(i)                                    1.1.2000
       s 24(2)             substituted by 35/2005 s 7(1)                               18.8.2005
       s 24(3)             substituted by 64/1999 s 5(j)                                1.1.2000
       s 24(4)             substituted by 64/1999 s 5(j)                                1.1.2000
                           amended by 35/2005 s 7(2)                                   18.8.2005



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                                                                                      Legislative history


        s 24(5) and (6)   substituted by 64/1999 s 5(j)                                1.1.2000
        s 24(7)           substituted by 64/1999 s 5(j)                                1.1.2000
                          substituted by 35/2005 s 7(3)                               18.8.2005
        s 24(8)           inserted by 64/1999 s 5(j)                                   1.1.2000
        s 24(9)           inserted by 64/1999 s 5(j)                                   1.1.2000
                          substituted by 35/2005 s 7(4)                               18.8.2005
   s 24                   substituted by 66/2009 s 5                                  14.1.2010
   s 25                   substituted by 64/1999 s 5(k)                                1.1.2000
   s 27                   amended by 64/1999 s 5(l)                                    1.1.2000
   s 29                   amended by 64/1999 s 5(m)                                    1.1.2000
   s 31                   deleted by 39/1999 Sch cl 2                                 1.12.1999
   s 32 before deletion
   by 60/2005
        s 32(1)           amended by 64/1999 s 5(n)                                    1.1.2000
        s 32(2)           amended by 64/1999 s 5(o)—(q)                                1.1.2000
        s 32(4)           amended by 64/1999 s 5(r)                                    1.1.2000
   s 32                   deleted by 60/2005 Sch 1 cl 1                               25.1.2007
   s 33 before deletion
   by 60/2005
        s 33(1)           amended by 64/1999 s 5(s)                                    1.1.2000
        s 33(4)           amended by 64/1999 s 5(t)                                    1.1.2000
   s 33                   deleted by 60/2005 Sch 1 cl 1                               25.1.2007
   s 34
        s 34(1)           amended by 64/1999 s 5(u)                                    1.1.2000
        s 34(2)           amended by 64/1999 s 5(v)                                    1.1.2000
                          amended by 60/2005 Sch 1 cl 2(1)                            25.1.2007
        s 34(3)           amended by 60/2005 Sch 1 cl 2(2)                            25.1.2007
   s 35
        s 35(1)           deleted by 64/1999 s 5(w)                                    1.1.2000
        s 35(2)           amended by 64/1999 s 5(x)                                    1.1.2000
   s 37
        s 37(1)           amended by 64/1999 s 5(y)                                    1.1.2000
        s 37(2)           amended by 64/1999 s 5(z)                                    1.1.2000
Pt 4
   s 37A                  inserted by 38/1999 s 3                                    25.11.1999
        s 37A(10)         amended by 50/2009 Sch 1 cl 2                              21.12.2009
   s 37B                  inserted by 64/1999 s 5(za)                                  1.1.2000
   s 37C                  inserted by 64/1999 s 5(za)                                  1.1.2000
                          substituted by 69/2005 Sch 1 cl 2                          14.12.2006
   s 39 before deletion
   by 35/2005
        s 39(2)           amended by 64/1999 s 5(zb)                                   1.1.2000
   s 39                   deleted by 35/2005 s 8                                      18.8.2005
Sch 1


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City of Adelaide Act 1998—14.1.2010
Legislative history


     Pt 1                     substituted by 35/2005 s 9(1)                              18.8.2005
                              substituted by 50/2009 Sch 1 cl 3(1)                      21.12.2009
     Pt 2 before deletion
     by 35/2005
       cl 3                   deleted by 64/1999 s 5(zc)                                 1.1.2000
       cl 4                   amended by 64/1999 s 5(zd), (ze)                           1.1.2000
     Pt 2                     deleted by 35/2005 s 9(1)                                  18.8.2005
                              inserted by 6/2006 s 4                                     29.6.2006
                              expired: 6/2006 s 5—omitted under Legislation            (10.11.2007)
                              Revision and Publication Act 2002
     Pt 2                     inserted by 50/2009 Sch 1 cl 3(1)                         21.12.2009
     Pt 3 before deletion
     by 35/2005
       cl 5
            cl 5(3) and (4)   substituted by 64/1999 s 5(zf)                             1.1.2000
            cl 5(5)           inserted by 64/1999 s 5(zf)                                1.1.2000
       cl 6                   substituted by 64/1999 s 5(zg)                             1.1.2000
     Pt 3                     deleted by 35/2005 s 9(1)                                  18.8.2005
     Pt 3                     inserted by 50/2009 Sch 1 cl 3(1)                         21.12.2009
     Pt 4 before deletion
     by 35/2005
       cl 7
            cl 7(8)           substituted by 64/1999 s 5(zh)                             1.1.2000
            cl 7(9)           amended by 64/1999 s 5(zi)                                 1.1.2000
            cl 7(10)          substituted by 64/1999 s 5(zj)                             1.1.2000
            cl 7(11)          inserted by 64/1999 s 5(zk)                                1.1.2000
       cl 8
            cl 8(1)           substituted by 64/1999 s 5(zl)                             1.1.2000
            cl 8(2)           amended by 64/1999 s 5(zm)                                 1.1.2000
            cl 8(3)           inserted by 64/1999 s 5(zn)                                1.1.2000
       cl 9
            cl 9(4)           inserted by 64/1999 s 5(zo)                                1.1.2000
     Pt 4                     deleted by 35/2005 s 9(1)                                  18.8.2005
     Pt 5 before deletion
     by 35/2005
       cl 12
            cl 12(1)          amended by 64/1999 s 5(zp)                                 1.1.2000
            cl 12(2)          amended by 64/1999 s 5(zq)                                 1.1.2000
            cl 12(3)—(6)      substituted by 64/1999 s 5(zr)                             1.1.2000
            cl 12(8)          amended by 64/1999 s 5(zs)                                 1.1.2000
            cl 12(9)          amended by 64/1999 s 5(zt), (zu)                           1.1.2000
            cl 12(10) and     substituted by 64/1999 s 5(zv)                             1.1.2000
            (11)
       cl 14




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                                                                    14.1.2010—City of Adelaide Act 1998
                                                                                      Legislative history


          cl 14(3)          amended by 64/1999 s 5(zw)                                 1.1.2000
        cl 15               amended by 64/1999 s 5(zx)                                 1.1.2000
   Pt 5                     deleted by 35/2005 s 9(1)                                 18.8.2005
   Pt 6                     deleted by 35/2005 s 9(1)                                 18.8.2005
   Pt 7
        heading             substituted by 50/2009 Sch 1 cl 3(2)                     21.12.2009
        cl 18               inserted by 50/2009 Sch 1 cl 3(3)                        21.12.2009
        cl 19
          cl 19(1)          deleted by 35/2005 s 9(2)                                 18.8.2005
        cl 20               deleted by 64/1999 s 5(zy)                                 1.1.2000
        cl 21 before
        deletion by
        35/2005
          cl 21(3)          amended by 64/1999 s 5(zz)                                 1.1.2000
        cl 21               deleted by 35/2005 s 9(3)                                 18.8.2005
   Pt 8
        cl 23
          cl 23(1)          amended by 50/2009 Sch 1 cl 3(4)                         21.12.2009
        cl 24
          cl 24(3)          amended by 50/2009 Sch 1 cl 3(5)—(7)                     21.12.2009
                            (b) deleted by 50/2009 Sch 1 cl 3(8)                     21.12.2009
        cl 25
          cl 25(2)          amended by 50/2009 Sch 1 cl 3(9)                         21.12.2009
        cl 31
          cl 31(5)          inserted by 64/1999 s 5(zza)                               1.1.2000
                            amended by 50/2009 Sch 1 cl 3(10)                        21.12.2009
        cl 33
          cl 33(2)          amended by 64/1999 s 5(zzb)                                1.1.2000
                            amended by 50/2009 Sch 1 cl 3(11)                        21.12.2009
Sch 2
   cl 1
        cl 1(1)
        domestic partner    inserted by 43/2006 s 41(1)                                1.6.2007
        family              amended by 43/2006 s 41(2)                                 1.6.2007
        financial benefit   amended by 64/1999 s 5(zzc)                                1.1.2000
        spouse              substituted by 43/2006 s 41(3)                             1.6.2007




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Legislative history


Transitional etc provisions associated with Act or amendments
City of Adelaide (Rundle Mall) Amendment Act 1999
4—Repeal of Rundle Street Mall Act 1975
     (2)   A notice or permit in force under the Rundle Street Mall Act 1975 immediately before
           the commencement of this section will continue and have effect as if published or
           given under section 37A of the principal Act (as enacted by this Act).
     (3)   A by-law in force under the Rundle Street Mall Act 1975 immediately before the
           commencement of this section will continue in force as if made under section 37A of
           the principal Act (as enacted by this Act).
     (4)   The repeal of the Rundle Street Mall Act 1975 does not affect the operation or
           recovery of a special rate declared under section 9 of that Act before the
           commencement of this section.
     (5)   Any asset or liability of the Rundle Mall Committee immediately before the repeal of
           the Rundle Street Mall Act 1975 vests in The Corporation of the City of Adelaide.
Statutes Amendment (Local Government Elections) Act 2005,
Sch 1—Transitional provisions
1—Interpretation
           In this Schedule—
           2006 periodic elections means the periodic elections to determine the membership of
           councils to be held in 2006 according to section 5 of the Local Government
           (Elections) Act 1999, as substituted by this Act.
2—Term of office
           A member of a council—
              (a)   holding office immediately before the commencement of this clause; or
             (b)    elected or appointed after the commencement of this clause and before the
                    close of nominations for the 2006 periodic elections,
           may, subject to the provisions of the Local Government Act 1999, the Local
           Government (Elections) Act 1999 or the City of Adelaide Act 1998 (as the case
           requires), continue to hold his or her office until the conclusion of the 2006 periodic
           elections for the relevant office.
3—Allowances
     (1)   A council may—
              (a)   review the allowances to be payable to its members under section 24 of the
                    City of Adelaide Act 1998 or section 76 of the Local Government Act 1999 (as
                    the case requires) to take into account any relevant provision made by
                    regulation on account of the enactment of this Act;
             (b)    as may be required, fix or apply allowances for any period up to the
                    conclusion of the 2006 periodic election.




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                                                                    14.1.2010—City of Adelaide Act 1998
                                                                                      Legislative history


   (2)   An allowance under subclause (1) must be recorded in the Register of Allowances and
         Benefits for the relevant council.
4—Training and development policy
         A council is not required to have a training and development policy under section 80A
         of the Local Government Act 1999 until 1 July 2006.
5—Rolls and electoral processes
   (1)   The chief executive officer of a council cannot rely on subsection (8) of section 14 of
         the Local Government (Elections) Act 1999 (as enacted by this Act) with respect to an
         entry on a voters roll at the time of the commencement of this subclause unless—
             (a)   the chief executive officer has sent a notice addressed to the relevant person
                   at the rateable property advising the person about the operation of that section
                   and the entitlements that apply with respect to the enrolment of residents; and
            (b)    the chief executive officer receives no reply within 28 days of the notice (or
                   receives a reply within that period but the reply does not establish, to the
                   satisfaction of the chief executive officer, that the person is an occupier
                   within the ambit of section 14(1)(a)(iv) or (c)(iv) of the Local Government
                   (Elections) Act 1999).
   (2)   To avoid doubt—
             (a)   any roll prepared under Schedule 1 of the City of Adelaide Act 1998 will, until
                   revised, have effect under the Local Government (Elections) Act 1999; and
            (b)    any application or other process made, commenced or dealt with under the
                   City of Adelaide Act 1998 will (if relevant) have effect for the purposes of the
                   Local Government (Elections) Act 1999.
6—Review of council structures
   (1)   If a council has, before the commencement of this clause, commenced a review under
         section 12 of the Local Government Act 1999 by the publication of a notice under
         subsection (5) of that section (as in existence before the amendment of that section by
         this Act), the council may continue with the process as set out in that section as if it
         had not been amended until an appropriate certificate is obtained from the Electoral
         Commissioner under that section.
   (2)   However, if—
             (a)   a proposal within the ambit of subclause (1) proposes that the composition of
                   the relevant council be altered so that—
                       (i)   the council will have a chairperson rather than a mayor; or
                      (ii)   the council will have a mayor rather than a chairperson; and
            (b)    the council has not, before the commencement of this clause, referred its
                   report on the proposal to the Electoral Commissioner under section 12(12) of
                   the Local Government Act 1999,
         the proposal cannot proceed unless or until it is approved at a poll in the manner
         contemplated by section 12(11c) and (11d) of the Local Government Act 1999 as
         enacted by this Act.



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City of Adelaide Act 1998—14.1.2010
Legislative history


     (3)   A proposal within the ambit of subclause (1) will then take effect in accordance with
           section 12(11b) and (18) of the Local Government Act 1999 as enacted by this Act.
7—Change to principal member
     (1)   In addition to the operation of clause 6, if, at the time of the commencement of this
           clause—
             (a)    —
                        (i)    a council is undertaking a review of its composition under section 12
                               of the Local Government Act 1999 and has referred its report on its
                               proposal or proposals to the Electoral Commissioner under
                               subsection (12) of that section; and
                        (ii)   a proposal is that the composition of the council be altered so that—
                                 (A)   the council will have a chairperson rather than a mayor; or
                                 (B)   the council will have a mayor rather than a chairperson; or
             (b)    —
                        (i)    a council has completed a review under section 12 of the Local
                               Government Act 1999; and
                        (ii)   a proposal arising from the review is that the composition of the
                               council be altered so that—
                                 (A)   the council will have a chairperson rather than a mayor; or
                                 (B)   the council will have a mayor rather than a chairperson; and
                       (iii) the composition of the council is to be altered as from the next
                             general election of members of the council,
           then despite the operation of section 12 of the Local Government Act 1999 (and
           anything that would otherwise take effect if it were not for the operation of this
           provision), the proposal cannot take effect unless or until it is approved at a poll of
           electors for the relevant area as if it were a proposal within the ambit of clause 6(2)
           (and accordingly subject to the requirements of section 12(11c) and (11d) of the Local
           Government Act 1999 as enacted by this Act).
     (2)   A proposal that is approved under subclause (1) will then have effect in accordance
           with a determination of the Electoral Commissioner under this clause.
8—Special provision—LGFA
     (1)   In this clause—
           representative member of the LGFA Board means a representative member of the
           Board of the Local Government Finance Authority of South Australia.
     (2)   The Governor may, by proclamation—
             (a)    extend the term of office of a person who, immediately before the date of the
                    proclamation, is a representative member of the LGFA Board to a date fixed
                    by the proclamation;




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                                                                    14.1.2010—City of Adelaide Act 1998
                                                                                      Legislative history


             (b)   fix the term of office of a person who is to be elected or appointed (including
                   by virtue of being re-elected or re-appointed) as a representative member of
                   the LGFA Board to fill an office that will become vacant on the date fixed
                   under paragraph (a).
   (3)     A proclamation under this clause has effect despite section 8(1) of the Local
           Government Finance Authority Act 1983.
9—Other provisions
   (1)     The Governor may, by regulation, make additional provisions of a saving or
           transitional nature consequent on the enactment of this Act.
   (2)     A provision of a regulation made under subclause (1) may, if the regulation so
           provides, take effect from the commencement of this Act or from a later day.
   (3)     To the extent to which a provision takes effect under subclause (2) from a day earlier
           than the day of the regulation's publication in the Gazette, the provision does not
           operate to the disadvantage of a person by—
             (a)   decreasing the person's rights; or
             (b)   imposing liabilities on the person.
   (4)     The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with
           the provisions of this Schedule (or regulations made under this clause), apply to any
           amendment or repeal effected by this Act.
City of Adelaide (Representation Review) Amendment Act 2006
5—Expiry of certain provisions
           The following provisions of the City of Adelaide Act 1998 will expire on
           10 November 2007:
             (a)   subsection (5) of section 20;
             (b)   Part 2 of Schedule 1.

Historical versions
Reprint No 1—1.12.1999
Reprint No 2—1.1.2000
18.8.2005
1.1.2006 (electronic only)
29.6.2006
14.12.2006
25.1.2007
1.6.2007
21.12.2009




[18.6.2010] This version is not published under the Legislation Revision and Publication Act 2002     47

								
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